When might a property owner assume liability for your injuries?

On Behalf of | Jul 3, 2019 | Uncategorized |

If you slip and fall on another person’s or entity’s property in Indiana, you may wish to recover compensation for your injuries and damages. To do so, you must be able to prove that the property owner or occupier was somehow negligent, and that said negligence lead to your injuries. FindLaw details what might constitute as negligence in a slip and fall case.

If you sustain an injury in a slip and fall accident on commercial premises, there are three instances under which the owner/possessor of the restaurant, retail store or other business establishments may assume liability. If the owner, occupier or an employee caused the condition that caused the accident, the courts may hold the owner or occupier accountable. Common conditions that lead to slips, trips and falls include spills, worn or torn flooring and items underfoot.

An owner or occupier may assume liability if he or she or an employee of the company knew about a dangerous condition but did nothing to remedy it. Likewise, if a dangerous condition existed, and if any “reasonable” person would have discovered and remedied said condition before the accident took place, the courts deem the owner or occupier responsible.

The third scenario is the most common. Unfortunately, it is the most difficult to prove, as what someone “should have known” is subjective and based on a number of factors, such as how long the condition was present.

If you sustain an injury on your rental property, you may be able to sue your landlord for damages. However, you may only do so if your landlord had control over the condition that caused your injury. Moreover, the condition must have been one that would have been easy and relatively inexpensive for the landlord to remedy. Also, the condition should have been such that any other reasonable person would have known that injury was the foreseeable consequence of not fixing it.

The content shared here is for educational purposes only. You should not use it as legal advice.